RULING NUMBER COM TB 024/2010
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 28 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
THOROUGHBRED LICENSEE MICHAEL MCMULLEN
WHEREAS Thoroughbred licensee Michael McMullen (“McMullen”) (ORC licence # 103184) appealed Ruling TB 6880/10, dated October 23, 2010, wherein he was suspended indefinitely for misuse of his crop in the stretch run of the eleventh race at Woodbine Racetrack on October 16, 2010, in violation of Rules 9.27.07(a) and 9.27.08(b)(e). The Stewards also immediately lifted the stay previously granted pursuant to TB Ruling ADMIN 80/2010.
AND WHEREAS on October 28, 2010, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner John Macdonald as Chair, was convened to hear the matter of lifting the previous stay.
AND WHEREAS on October 28, 2010, the Panel adjourned the hearing until November 18, 2010, and reinstated the stay until November 18, 2010, with the following condition:
In the event that McMullen commits a further urging violation between October 28, 2010, and November 18, 2010, he will be immediately suspended with the exception that he will be allowed to ride out his mounts for that day.
TAKE NOTICE that the hearing of November 18, 2010, has been adjourned sine die, on consent.
AND TAKE NOTICE that the stay granted to McMullen on October 28, 2010, will remain in place with the same condition, that being, if McMullen commits a further urging violation during the stay he will be immediately suspended with the exception that he will be allowed to ride out his mounts for that day.
Dated at Toronto this 5th day of November 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director